SANs won’t shield corrupt colleagues

The Body of Senior Advocates of Nigeria (BOSAN) has backed the Federal Government’s anti-corruption fight, saying even corrupt lawyers should not be spared.

It, however, said the anti-graft agencies must ensure that the anti-corruption war is fought within the ambit of law.

“The Body of SANs condemns all forms of corruption and money laundering by anyone, lawyers inclusive, and wholeheartedly supports appropriate efforts of the government aimed at curbing the menace of corruption through thorough investigation and prosecution of offenders in a fair trial that complies with due process of the law and ensures equal access to justice by the prosecutor and the accused, while guaranteeing the fundamental rights of all persons as enshrined in the 1999 Constitution (as amended),” it said.

BOSAN, a group comprising all SANs, met at the weekend at the Nigerian Law School in Lagos, in a communiqué jointly signed by Mr. Ebun Sofunde (SAN) and Mr. Seyi Sowemimo (SAN), said it “welcomes the investigation of any lawyer, no matter how highly placed”.

The group said members have “a duty and a responsibility to hold ourselves to the highest professional and moral standards and are determined to continue to ensure that those standards are maintained.”

It warned against disobedience of “valid orders of courts of competent jurisdiction” by the government or its agencies, adding that disregarding court orders “is a step towards anarchy, which does not and cannot augur well for a democratic society such as Nigeria.”

BOSAN expressed concern with the “spate of disparaging remarks and attacks on the Judiciary and judicial officers, often made in a generalised manner and perhaps calculated to intimidate and infuse fear in Judges, who are sworn to dispense justice without fear or favour.”

“It is the Body’s view that it is unfair to the many honest and hard-working judges in our country to be painted with the same brush as the few who have been found wanting for misconduct or those who bring the office into disrepute and violate their sacred oaths of office,” BOSAN said.

It also warned lawyers to desist from joining the bandwagon of issuing “generalised statements of a disparaging nature” against judges, describing such conduct as “unprofessional.”

BOSAN also condemned what it called the “evolving practice of delays and non-payment of judges and judicial workers their salaries and allowances,” stating that this practice “severely undermines” the much cherished independence of the judiciary.

On the right of accused persons to counsel of their choice, the Senior Advocates said: “The harassment and intimidation of lawyers in any form in the course of their legitimate work is unlawful and counter-productive in a democratic society. Such actions are not only unlawful but antithetical to the rule of law.

“Nothing is further from the truth that once a lawyer undertakes the defence of an accused person, particularly a professional colleague, then he must be in active support of the alleged crime or be working against the anti-corruption crusade.

“The Nigerian Constitution, for good reason, presumes a person innocent until proven guilty before a court of competent jurisdiction following a fair hearing, with an opportunity to conduct his defence by a counsel of his choice.”

BOSAN urged lawyers to continue to represent their clients “to the best of their abilities, within the ambit of the law, and in compliance with the Rules of Professional Conduct for Legal Practitioners 2007.”

It noted that the body “continues to endorse” the core values of professional excellence, integrity, industry, professional ethics, and leadership by example as its overarching principles, adding that it “has taken appropriate measures to ensure that the rank is not brought to disrepute as a whole by the actions of those adjudged of wrong-doing.”